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PEOPLE v. DAGOSTINO

No. F042059.

12 Cal.Rptr.3d 223 (2004)

117 Cal.App.4th 974

The PEOPLE, Plaintiff and Respondent, v. Dominic Joseph DAGOSTINO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

April 14, 2004.

Attorney(s) appearing for the Case

Bradford D. Pappalardo, under appointment by the Court of Appeal, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Marc Nolan, Lloyd G. Carter and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HARRIS, J.

INTRODUCTION

Appellant Dominic Joseph Dagostino pleaded no contest to possession of methamphetamine and was placed on probation pursuant to Proposition 36 (Pen.Code, § 1210.1).1 Appellant subsequently violated probation and the trial court found his violation — failing to report to the mental health "gatekeeper" for an initial evaluation — was not a drug-related condition...

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